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Appellate

  • March 21, 2019

    Questions Over IPR Timing, Appeals Pique Justices' Interest

    The U.S. Supreme Court on Thursday nudged Voltstar Technologies to respond to a cert petition aiming to clarify whether inter partes reviews can be filed a year after an infringement suit is voluntarily dismissed and whether institution of those reviews can be appealed.

  • March 21, 2019

    Most Of $4.4M Award Upheld In Fatal Texas Crash Suit

    A Texas appeals court on Thursday trimmed a $4.4 million award down to $4.2 million in a suit accusing a motorist of negligently hitting a motorcyclist and causing his death, saying the bulk of the award was supported by the evidence.

  • March 21, 2019

    NJ Nurse Can't Duck Suit Over Fatal Allergic Reaction

    A nurse accused of failing to properly monitor a patient who died from an allergic reaction to a medication she administered can’t escape a malpractice suit solely because the man’s widow didn’t learn her name until late in the game, a New Jersey appellate court said Thursday.

  • March 21, 2019

    Bank Can't Undo Default Win, Left With $4.9M Error

    An Illinois bank that has been trying for five years to undo what it says was a $4.9 million overpayment for a foreclosed property had its latest attempt shot down by a state appeals court on Wednesday.

  • March 21, 2019

    Plaintiffs Bar Cheers High Court's Pass On Class Cert. Review

    The plaintiffs bar is applauding the U.S. Supreme Court's choice this week to leave intact a Sixth Circuit decision that endorses a little-used path to class certification, a ruling experts say is likely to result in more successful class actions, especially toxic torts, across the country.

  • March 21, 2019

    DC Circ. Prods UPS Unit On Grievance Against Union Vote

    A D.C. Circuit panel on Thursday scrutinized a UPS subsidiary's claim that the National Labor Relations Board rushed a unionization vote for a few dozen of the delivery company's Pennsylvania-based truck drivers without giving the company a chance to make its case against the drive.

  • March 21, 2019

    2nd Circ. Says NY Judge Botched Marriage Fraud Trial

    The Second Circuit tossed the marriage fraud convictions of two Indian nationals and an American woman, ruling Thursday that they didn’t get a fair trial because the judge had a solo meeting with some of the jurors and gave the entire jury an inappropriate instruction.

  • March 21, 2019

    End Dates For Tribal-State Gaming Deals OK, 9th Circ. Says

    The Ninth Circuit on Thursday upheld a lower court’s order tossing a suit that claimed California wasn’t allowed to put expiration dates on its gaming agreements with tribes, saying that negotiating such dates is permitted by the Indian Gaming Regulatory Act.

  • March 21, 2019

    Justices Urged To Merge Census Citizenship Question Cases

    The city of San Jose and immigrant advocates urged the U.S. Supreme Court on Wednesday to hear their constitutional claims against the inclusion of a citizenship status question on the 2020 census, suggesting that the court consolidate their case with one brought by New York and other states.

  • March 21, 2019

    DOJ Appellate Atty Moves To US House Counsel's Office

    The General Counsel's Office for the U.S. House of Representatives has added a former U.S. Department of Justice appellate attorney, another potential sign House Democrats are gearing up for legal battles with President Donald Trump.

  • March 21, 2019

    Spirit Balks At Flyers' 2nd Circ. Bid To Revive Bag-Fee Suit

    Spirit Airlines told the Second Circuit on Thursday that federal law preempts a proposed class action alleging it defrauded consumers by concealing its carry-on bag fees on tickets sold through other online travel agents, saying passengers cannot invent and force a disclosure obligation.

  • March 21, 2019

    Don Imus’ Ex-Sportscaster Loses Ageism Suit On Appeal

    A New York appellate panel has rejected a sportscaster’s age discrimination claims against his former boss Don Imus, finding they don't jibe with state human rights laws because the ex-employee was working in Florida when he was fired.

  • March 21, 2019

    Full 11th Circ. Clarifies Worker Comparison Test For Bias Suits

    Workers without direct proof for their job discrimination claims don’t have a case unless they’re similar in every relevant way to the colleagues they say received better treatment, a majority of the full Eleventh Circuit said Thursday in a lengthy ruling rejecting a fired Georgia cop’s race and sex bias claims.

  • March 21, 2019

    5th Circ. Seeks Texas High Court Take On Dallas Pension Plan

    The Fifth Circuit has asked the Texas Supreme Court to analyze whether changes in the way retirees can access money from certain deferred accounts they hold as part of the Dallas Police and Fire Pension System flouted the state’s constitution.

  • March 21, 2019

    9th Circ. Backs Anheuser-Busch In Suit Over Stolen Recipes

    A former Anheuser-Busch employee cannot escape the brewer’s trade secret suit accusing him of stealing beer recipes and passing them on to class action attorneys looking to sue the company over allegedly watered-down beer, the Ninth Circuit ruled Wednesday.

  • March 21, 2019

    Retirees' Win Nixed In Honeywell Early Retirement Row

    An Eighth Circuit panel on Thursday handed Honeywell International Inc. a win in a proposed Employee Retirement Income Security Act class action, giving the company the go-ahead to cut off health care benefits for a group of Minnesota workers who retired before age 65.

  • March 21, 2019

    Fed. Circ. Affirms PTAB Ax Of Hybrid Vehicle Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a claim of a hybrid vehicle patent owned by Paice LLC, rejecting the tech company's contention that the board wrongly relied on inconsistent testimony from Ford Motor Co.'s expert.

  • March 21, 2019

    Ex-Oracle Worker Can Arbitrate Pay Dispute, 9th Circ. Says

    A former worker who hit Oracle Inc. with a putative class action over sales commission pay can send the dispute to arbitration, a Ninth Circuit panel said Thursday, noting that the case put the tech titan in the atypical position of fighting against arbitrating employment matters.

  • March 21, 2019

    2nd Circ. Wary Of Denying Fraudster Cooperation Credit

    Two Second Circuit judges voiced skepticism on Thursday about the government's opposition to an admitted wire fraudster's request that his sentence be reduced because he later helped put six co-conspirators behind bars, expressing concern with the notion that they couldn't check the lower court's work for errors.

  • March 21, 2019

    Chicago Can't Contest Use Tax Sourcing, Ill. Justices Say

    Illinois circuit courts lack jurisdiction to hear the city of Chicago’s claims that municipalities shorted it tax revenue by sourcing transactions in a manner that subjected them to sales tax instead of use tax, the state Supreme Court ruled Thursday.

Expert Analysis

  • Courts May Be Shifting Outlook On Gender Bias Claims

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    The Fourth Circuit’s recent opinion in Parker v. Reema Consulting Services demonstrates how even an office rumor can give rise to Title VII liability, and may be indicative of a judiciary moving toward a more sympathetic approach to women's workplace discrimination claims, says Kathryn Barcroft of Solomon Law Firm PLLC.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Opposite Rulings Refine Scope Of Texas Sovereign Immunity

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    Last week, the Texas Supreme Court reached opposite conclusions in two sovereign immunity cases, reflecting the excruciating parsing of statutory text required to determine whether a claim against a local government is barred or is encompassed by a statutory waiver of immunity, says Lyndon Bittle at Carrington Coleman Sloman & Blumenthal LLP.

  • How Per Se Rule Will Die In Criminal Antitrust Cases

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    When the issue of the per se rule for criminal Sherman Act trials reaches the U.S. Supreme Court in the near future, the justices will take different approaches, but the rule will fall, says former federal prosecutor Robert Connolly.

  • 2 High Court Decisions Highlight Copyright Act Complexities

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    The U.S. Supreme Court's recent unanimous decisions in Rimini Street v. Oracle and Fourth Estate v. Wall-Street.com clarify terms in the Copyright Act that have been misconstrued for decades, say Alain Villeneuve and Evan Muller of Duane Morris LLP.

  • Illinois Has Raised Liability Risk For Nonmanufacturer Cos.

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    In Cassidy v. China Vitamins, the Illinois Supreme Court overturned previous interpretations of Illinois law that shielded nonmanufacturer defendants in strict product liability cases. Distributors and retailers may now find it useful to take a hard look at the value of their relationships with lawsuit-prone foreign manufacturers, says Symone Shinton of Greenberg Traurig LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • The Post-Cyan­ Spike In State Securities Act Filings

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    One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.